President Ram Niwas Mirdha
Executive President V. S. Mani
Vice Presidents V. C. Govindaraj
R.K.P. Shankardass, Veena Bakshi
Treasurer J.S. Gill
Secretary-General & Editor C. Jayaraj
Editor-in-chief, IJIL Rahmatullah Khan
Assistant Editor Manoj Kumar Sinha


INSIDE
 

From the President's Desk
 
Every year the international community observes 2&hJune as "The International Day in Support of victims of Torture". This year, on this occasion the UN Secretary-General Kofi Annan urged all the states and state parties to stand with the commitments and principles laid down in the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and other human rights instruments. He emphasised that the world should reaffirm that torture and other cruel, inhuman or degrading treatment is unacceptable and cannot be tolerated. He also emphasised that it is a day to renew our commitment to denounce such acts and seek justice for torture victims and above all, it is a day for governments to ask themselves whether they are doing enough to prevent acts of torture, assist their victims, punish the perpetrators and ensure that these acts are not repeated.

But unfortunately, the present world has been witnessing grave violations of human rights, abuses of human dignity and torture of the prisoners of war, which took place in the prisons ofAbuGharib, Guantanamo Naval Base, Cuba and various parts of the world. These violations are committed by many states including the so-called civlised countries of the world, who claim that they are staunch supporters of the cause of freedom and human rights. Torture and other cruel, inhuman or degrading treatment remain too common method in the hands of the state apparatus, particularly police, military and para-military forces. The fundamental guarantees, which are specified in various human rights covenants and other international conventions, should be made applicable to all the persons particularly those who are in any form of detention, including persons detained as suspected terrorists or persons who are captured by the forces in the occupied territories.

Certain provisions of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Universal Declaration of Human Rights (Article 5) and International Covenant on Civil and Political Rights (Article 7) have acquired the status of the customary principles of international law and are accepted by most of the states as binding. Universal jurisdiction could be assumed by a state party to the Torture Convention against a defendant found in Us territory for alleged commission of Torture. All these conventions provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Prohibition of torture is a reaffirmation of the faith in the dignity and worth of the human person to create better standard of life and dignity, which is a foundation stone of the United Nations. As the UN Secretary General stressed, time has come for every country to prohibit the practice of torture in all forms.
 
Thirty-Third Annual Conference (10-11 April 2004)
 
The Indian Society of International Law (ISIL) organised its Thirty-Third Annual conference on 10-11 April 2004. The themes of two-day conference were The UN Charter, Unilateralism and International Law; Trade, Human Rights and Environment; and Teaching and Research in International Law. Delegates from various states representing various institutions attended the conference. The delegates include mainly, law teachers, lawyers, law researchers, students, representatives from various Embassies/High Commissions, officials from several ministries, defence officials also attended the conference.

Shri Ram Niwas Mirdha, President, ISIL, welcomed the distinguished participants particularly those who have come from-flung areas of the country and appreciated their interest for the cause of international law. Shri Mirdha, in his address mentioned about the usefulness of the Annual Conference'and its importance in the era of unilateralism. He also emphasised the need for participating in such a conference to discuss the various developments in international law, exchange views and make themselves aware of the latest trends in this fast developing area of international legal system. Shri C. Jayaraj, Secretary-General, ISIL, presented a detailed report on the activities of the ISIL for the last one year.

Shri B.S. Prakash, Joint Secretary (UNP), Ministry of External Affairs, while inaugurating the conference, highlighted the importance of international law in the present day context of "war on terrorism" and in the context of the Iraqi situation. He also mentioned about the need for greater UN role and the absolute necessity to respect international humanitarian law. He also released a book titled Dynamics of International Law in the New Millennium jointly edited by Dr. R.K. Dixit, former Joint Secretary, Legal and Treaties Division, Ministry of External Affairs, and Shri C, Jayaraj, Secretary-General, ISIL. Prof. V.C. Govindaraj, Vice-President, ISIL, proposed a vote of thanks.

The conference had three technical sessions. The first session was on The UN Charter, Unilateralism and International Law. Shri B.S. Prakash, Joint Secretary (UNP), Ministry of External Affairs, chaired the session. Prof. R. C. Hingorani, Prof. V. M. Peshwe, Shri Luther M. Rangreji, Shri Shambu Chopra, Shri Saptrishi Bandopadhyay presented their papers. Issues such as unilateralism and international law, revision of the UN Charter in the context of changing needs of international society of states, the use of exceptionalism and the subversion of multilateral decision making in international law, and the need for a new charter were discussed.

Trade, Human Rights and Environment was the topic for discussion during the afternoon session. Dr. M. S. Bains, Dr. (Mrs.) Harpal Kaur Khehra, Prof. Thrity Patel, Dr. V.G. Hegde, Dr. Vijay Kumar, Wg. Cdr. U.C. Jha, Shri Naresh Kumar spoke on the topic. Prof. B. C. Nirmal, Professor, Banaras Hindu University and Executive Council Member of ISIL chaired the session. The most interesting and current topics like globalisation, trade and human rights of women workers under national and international legal systems, protection of rights of farming communities: legal measures in India, environment and population, SAARC countries and environmental Issues, WTO and export of professional services by India were discussed in this session.

The third and final session was held on 11th April morning. Prof. R. P. Anand, Professor Emeritus, Jawaharlal Nehru University, chaired the session. While initiating discussions on the subject Prof. Anand dwelt on his life time experience in teaching, research and guiding student in international law. Enlightened presentations were made on the subject of Teaching and Research in International Law. Prof. V.C. Govindaraj, Prof. S. Bhatt, Prof. R.C. Hingorani, Prof. B. C. Nirmal, Wg. Cdr. Praful Bakshi, Capt. J. S. Gill Dr. Snehal Fadnavis, Ms. Jasmeet Egan made presentations on the topic.
 
Fifth V.K. Krishna Menon Memorial Lecture
 
The Indian Society of International Law (ISIL) organised its Fifth V. K. Krishna Menon memorial lecture on 1st May 2004. Shri. P.P. Rao, Senior Advocate of Supreme Court delivered a lecture on Universal Human Rights and Fundamental Rights in India. Shri Rao gave a brief description about Krishna Menon and his association with world Scholars and literary figures like George Bernard Shaw, Bertrand Russell and others. He also mentioned about Krishna Menon's association with Indian politics particularly about the role, which he played as a Defence Minister during the period of Jawaharlal Nehru's Prime Ministership and also as a close associate of Jawaharlal Nehru. He also highlighted about Menon's contribution to India before and after independence.

Shri Rao, in his presentation discussed about the Universal Declaration of Human Rights and its relationship with the Indian Constitution. He discussed at length the constitutional provisions citing recent jurisprudence on important issues of the human rights such as Right to Equality, Right to Life and Liberty, Human rights of Prisoners and on Public Interest Litigation. Shri. K. K. Venugopal, Senior Advocate, Supreme Court of India presided over the function. Shri Venugopal, in his introductory remarks recalled his association with the ISIL. He also recalled Krishna Menon's contribution towards Indian community as a Defence Minister and also as a leading personality for the development of international law. Shri Ram Niwas Mirdha, President, ISIL, welcomed the gathering and the guests. The programme ended with the concluding remarks of Shri. R.K.P. Shankardass, Vice President, ISIL.
 
ISIL-Hosted a Book Release Function
 
The Indian Society of International Law (ISIL), hosted a book release function on 21st May 2004. The book Intellectual Property and Competitive Strategies in the 21st Century jointly authored by Shri Shahid Alikhan and Dr. Raghunath Mashelkar. The book was released by Shri K. C. Pant, Deputy Chairman, Planning Commission. Shri Ram Niwas Mirdha, President, ISIL, welcomed the guests. Shri. Shahid Alikhan and Dr. Raghunath Mashelkar while addressing the gathering highlighted various aspects of the intellectual property regime in the 21st century, and the need to understand the same.

Shri K. C. Pant in his address lauded the efforts of the Society in bringing together scholars, advocates, academics and business community by focusing on the most current areas like intellectual property rights. He highlighted the issues of intellectual properly regime in international level in general and India in particular. He urged the intellectual community to come forward with more and more literature on topics like this, which is useful to the public at large. Hon'ble Mr. Justice Vikramjit Sen, Judge, Delhi High Court, while giving concluding remarks, observed that the Bar and the Bench are increasingly involved in the legal disputes arising out of intellectual property rights issues.

ISIL Felicitated Minister for External Affairs
 
The Indian Society of International Law (ISIL) at the invitation of Shri Ram Niwas Mirdha, President, ISIL, the Minister of State for External Affairs Hon'ble Shri A. Ahmed visited on 11th June 2004. Shri Ram Niwas Mirdha welcomed the Hon'ble guest and the distinguished gathering. Shri Mirdha, in his address, narrated Society's activities and programmes for the promotion and dissemination of international law in India.

Hon'ble Minister Shri Ahamed, in his address recalled his experience and association with international law in various levels especially his participation in the UN General Assembly as a part of the Indian delegation during the discussion on Decolonisation. He also expressed his interest to associate with the Society and its activities and also assured that his Ministry would render all possible support to the Society in future. Shri C. Jayaraj, Secretary-General, ISIL, gave a vote of thanks.
 
ISIL Delegation Visits Rome
 
At the invitation of the Italian Society of International Law, a delegation comprising Shri C. Jayaraj, Secretary-General and Prof. Lakshmi Jambholkar, member, Executive Council visited Rome to participate in the 9th Congress of Italian Society of International Law, at Rome, from 16-20 June 2004. The main theme of the Congress was the issue of migration and its impact on national and international law. The Indian delegation was also invited to observe the proceedings of the general meeting of the host society. It was announced that a two member delegation of the Italian Society of International Law would participate in the 2nd international conference being organised by the Indian Society of International Law.

The visit by ISIL delegation was part of a Memorandum of Understanding between the two societies to exchange scholars, information and organise joint programmes on international law.
 
FORTHCOMING EVENTS
 
Third Summer Course On International Law

The Third Summer course on international law will commence from 21st June to 2nd July 2004, to impart current developments in important areas of international law, such as principles of Public International Law, International Institutions, International Trade and Business Law, International Environmental Law, International Human Rights, Humanitarian and Refugee Laws. The course will comprise classroom lectures, discussions and library consultation. Those who need accommodation during the course may contact the ISIL much in advance and the rates would be Rs. 150/- per day per person on a sharing basis. The course fee would be Rs. 1000/- for students and Rs. 1500/- for teachers and lawyers. Those who are interested in enrolling for this course may send their bio-data to the Secretary-General of ISIL along with registration fee and accommodation charges.

UGC - Refresher Course In International Law For Teachers

The Indian Society of International Law (ISIL) will be conducting a Refresher Course in International Law for college and University teachers, on behalf of University Grants Commission (UGC). The topics of the refresher programme are: General Principles of Public International Law, Private International Law, International Institutions, International Trade and Business Law, International Environmental Law, International Human Rights Law, International Criminal Law and International Humanitarian and Refugee Law. The ISIL is planning to invite experts of eminence to deliver the lectures. The course will comprise classroom lectures, discussions, counselling and library consultation. Those who are interested to attend the refresher course may send their application in a plain paper enclosing a copy of their bio-data to the Secretary-General of ISIL.

Second International Conference On International Law

The Indian Society of International Law (ISIL) is organising its 2nd International Conference on International Law from 14-17 November 2004, in New Delhi. The Second International Conference is being organized to provide a forum for in-depth discussion on the emerging trends in various branches of international law among the practitioners, teachers and scholars of international law from different nationalities. The following are the tentative themes of International Conference:
  • International Investment Law, WTO, Intellectual Property Rights and International Trade Law
  • Space Law
  • Private International Law: Jurisdiction, Applicable Law and Enforcement
  • The United Nations and Emerging World Order
  • International Terrorism, Human Rights and Humanitarian Law
  • International Law of Environment and Sustainable Development
DELEGATE FEE    
Delegate Fee   Before15 June 2004 After 15 June 2004
A. Western Europe, North America,
Australia, New Zealand, Japan,
Republic of Korea (For Academics only
50% of the Delegate fee)		 US$ 400 US$ 500
B. Developing Countries
(Excluding SAARC Countries)		 US$100 US$ 150
C. SAARC (Excluding India) US$50 US$75
D. Indian Delegates (Advocates, Business
Executives and Diplomatic Corps in Delhi)		 Rs. 2500 Rs. 3000
E. ISIL Members Rs. 1200 Rs. 1500
F. Teachers Rs. 1200 Rs. 1500
G. Students Rs. 750 Rs. 750
Note: For accompanying persons, 50% of the delegate fee will be charged.
Delegate Fee Includes lunch, Tea/Coffee, Conference Kit, Reception and Cultural Programmes.
Delhi Sightseeing (complementary for Foreign Delegates
Airport Reception (only for information)
Confessional Rates for Agra and Jaipur Tours
For details please visit: www.isil-aca.org
 

ISIL Yearbook of International Humanitarian and Refugee Law

First and second volumes of the Yearbook are now available at http:/ www.worldlii.org/int/ journals/ ISILYBIHRUL/

Dynamics of International Law in the New Millennium

The book Dynamics of International Law in the New Millennium, edited by Dr. R.K.Dixit Former Legal Adviser, Ministry of External Affairs and C.Jayaraj, Secretary-General of ISIL, is collection of essays contributed by international experts from different parts of world at the First International Conference on International Law, International Law in the New Millennium, organised by the Indian Society of International Law, in 4- 7 October 2001, at New Delhi. The contributions reflect the complexities of transition of international law at the turn of the millennium. The authors have addressed various issues in their chosen fields of international law. This collection provides a cogent view of the emerging trends of international law in the context of changing climate of international relations and globalisation. For copies contact: Administrative Officer, ISIL.
 
New Acquisition      
Akyuz, Yilmaz. ed., Developing Countries and
World Trade (Malaysia: TWN, 2003).		 Bell, Stuart and Donald McGillivray, Environmental
Law5th ed. (First Indian Reprint, 2001)		 Anand's Commentaries on Societies Registration
Act 1960, 6th ed. (Allahabad: Law Pub (India),
2003).		 Abraham, Anita, Formation and Management of
NGOs (New Delhi: Universal Law Publishers Co.
Pvt. Ltd., 2003).
Bare Act: The India Post Office Act 1998
(Allahabad: Law Pubn. Pvt. Ltd., 2004).		 Bare Act: The India Telegraph Act 1885 (New
Delhi: Professional Book Publishers, 2004).		 Brown lie, Ian, Principles of Public International
Law. 6th ed. (New York: Oxford University Press,
2004).		 Kapoor, S.K., International law and Human Rights,
14th ed. (Allahabad: Central Law Agency, 2002).
McClean, J.D., Morris: the Conflict of Laws, 4th
edn. (New Delhi: Universal Law Publishers Co.
Pvt. Ltd., 2004).		      

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